A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

Separation, unmarried, joint mortgage, 3 children

  • ScabbyBabby
  • ScabbyBabby's Avatar Topic Author
  • Fresh Boarder
  • Fresh Boarder
More
2 years 1 month ago #503524 by ScabbyBabby
Would really appreciate some legal advice (or experience from someone who has been in this situation) on what is the likely outcome of what happens to the house in this scenario.

My children's father and I have separated and he has moved out (verbal abuse and drug use being the predominant reasons but won't go into that here).

We have three children together, ages 10, 8 and 5 and I am and always have been the primary carer. He works long hours and earns good money and can afford to house himself even after child maintenance has been paid.

I am currently on job seekers allowance and frantically looking for a job because I would ideally like to be able to take the mortgage on, on my own, at some point in the near future.

My ex wants to force the sale of the house which is not in the interests of the children. He did put some equity into the house (as did I) but only about £35000, which he is desperate to have back. he doesn't care about the needs of our children, he appears to want to make my life as difficult as possible despite me being the reason that he has been able to dedicate time to his career over the last 10 years.

Where do I stand? If I'm not in the position to be able to buy him out soon, will the courts force the sale despite me not being in a great position to rehouse me and the children?

Thank you.

Please Log in or Create an account to join the conversation.

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
2 years 1 month ago #503525 by WYSPECIAL
Presumably you jointly own the house?

Is the house bigger than your needs?

Would you be able to afford the mortgage and running costs from your income taking into account CM and any benefits you are entitled to?

How much equity is there in the house? Would you realistically be better off selling and renting?

Please Log in or Create an account to join the conversation.

  • ScabbyBabby
  • ScabbyBabby's Avatar Topic Author
  • Fresh Boarder
  • Fresh Boarder
More
2 years 1 month ago #503527 by ScabbyBabby
Thank you for replying.

We own the house as joint tenants, I have been paying the mortgage and all bills since April and my financial situation will improve further when I get a job.

The house is a 4 bed and there are 3 children so I wouldn't say bigger than our needs- in fact it was bought specifically so that the children could have a bedroom each.

There is only about £70k of equity in the house. Ex could easily get another mortgage on his salary (£50k) but I might struggle on mine (looking at jobs that pay about £20k per annum) My earning power has been reduced by being a stay at home unfortunately.

Please Log in or Create an account to join the conversation.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
2 years 1 month ago #503574 by hadenoughnow
Replied by hadenoughnow on topic Re:Separation, unmarried, joint mortgage, 3 children
You may be able to use the Children Act to allow you to remain in the property until the children are older.

How big is the mortgage?

It may be worth seeing if you could get a free half hour with a solicitor or perhaps go to the CAB.

Hadenoughnow

Please Log in or Create an account to join the conversation.

  • ScabbyBabby
  • ScabbyBabby's Avatar Topic Author
  • Fresh Boarder
  • Fresh Boarder
More
2 years 4 weeks ago #503658 by ScabbyBabby
Thank you for replying.

The mortgage is 150k.

I think I might be able to get it in my name when I'm working- its tight but not impossible.

I can afford the repayments. I'm paying everything now.

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11